D.W. v. T.L., 2012 Ohio 5743

D.W. and T.L. are unmarried and the child was born in June 2005 with the mother's surname on the birth certificate.
The parents orally agreed the child would keep the mother's surname, while the child would have two middle names mirroring the father's names.
The child lived with the mother and half-sister; the father later joined the military and had intermittent involvement and support.
In 2009 the father sought paternity establishment and a change of the child’s surname to the father's surname; the mother opposed the change.
A magistrate ordered the surname change, the juvenile judge affirmed, and the Court of Appeals affirmed the judgment.
This Court reverses, holding the change lacks sufficient evidence under the best-interest standard and raises concerns about gender-based assumptions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient evidence to support the best-interest change of surname?	T.L. argues best interest requires changes align with child welfare, not paternal claim.	D.W. contends name change serves the child’s best interest by aligning with paternal identity.	No; evidence insufficient to prove best interest.
Did the trial court rely on gender-based assumptions in deciding the name change?	T.L. contends decisions reflected stereotype that fathers deserve surname preference.	D.W. argues concerns were about child welfare, not gender stereotype.	Yes; decision relied, in part, on gender-based conventions.
Did the court properly apply Bobo and Willhite factors in a non-marital context?	T.L. asserts factors were misapplied or given improper weight.	D.W. maintains proper factors were considered.	No; the weighing violated controlling precedent.

Bobo v. Jewell, 38 Ohio St.3d 330 (1988) (guidelines for best-interest factors; avoid bias toward paternal surname)
In re Willhite, 85 Ohio St.3d 28 (1999) (adds factors; rejects quid pro quo for support; cautions against gender-based presumptions)